General
G. T. McGovern Trucking Co., Inc., Suing on Behalf of Itself and All Other Persons Similarly Situated, Appellant, v. Robert Moses, as Chairman of the Triborough Bridge and Tunnel Authority, et al., Respondents
277 A.D.2d 758·New York Supreme Court, Appellate Division·1950·NY
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Opinion
G. T. McGovern Trucking Co., Inc., Suing on Behalf of Itself and All Other Persons Similarly Situated, Appellant, v. Robert Moses, as Chairman of the Triborough Bridge and Tunnel Authority, et al., Respondents.
[MAJORITY]
Judgment and order unanimously affirmed, with costs to the respondents. Assuming that the plaintiff had a right to bring this form of action we think, nevertheless, that the complaint is insufficient as a matter of law. Present— Peek, P. J., Callahan, Van Yoorhis and Shientag, JJ.